Resolution-ZA 1990-02•
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-2
PETITION: .VARIANCE NO. 4016 CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 5
DATE OF PUBLIC HEARING: January 11, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNERS FRANK and ARVADA SPINA
805 North Helena Street, Anaheim, CA 92805
LOCATION: 805 North Helena_Street
REQUEST: Petitioner requests a waiver of the following under authority of
Code Section 18.12.060.050 to construct a room addition to an
existing single-family residence:
Section 18.26.063.020 - Minimum side yard setback.
(5 feet required; fee proposed)
Having been appointed Zoning. Administrator by the Planning Director, pursuant
to Anaheim .Municipal Code Section 18.12.040,. to decide the above-referenced
petition and a public hearing having been duly noticed for and held on the
date set .forth above, I do hereby find:
1. That any impact of the proposal will be minimal because the existing side
yards of the approximately 60 years old house and garage are currently
3 feet, that the proposal consists of a l-story addition connecting the
-house and garage, and that the new construction will maintain the 3 foot
side yard along the .north .property .line (for a distance of only
8 .additional feet) and a 7 foot side yard along the south property .line;
2. .That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity because other homes in the area have similar and shallower
side yards; and
3. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do .not apply to
other identically zoned properties in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum side yard setback to construct
a room addition on a rectangularly-shaped parcel of land consisting` of
approximately 5,450 sq.ft., having a frontage of approximately 50 feet on the
west side of Helena Street, having a maximum depth of approximately 109 feet,
being located approximately 100 feet north of the centerline of North Street,
and further described as $05 North Helena Street; and that the Planning
Director or his authorized representative has determined that the proposed
project falls within the definition of Categorical Exemgtions, Class 5, as
defined in the State EIR Guidelines and is, therefore, categorically exempt
from the requirement to prepare an EIR.
04158 1 ZA 90
Page 2
Variance No. 4016
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Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4016, subject to the following conditions:
1. * That a fee for street lighting purposes along Helena Street shall be paid
to the City of Anaheim in an amount as established by City Council
resolution.
2. That subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1, 2 and 3.
3. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
No. 1, above-mentioned, shall be complied with. Extensions for further
time to complete said condition may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
4. That prior to final building and zoning inspections, Condition No. 2,
above-mentioned, shall. be .complied with.
5. * That approval of this application constitutes approval of the proposed
request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City,. State and Federal
regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding -any other applicable
ordinance, regulation or requirement. Further, conditions marked with an
asterisk (*) are required by established laws, codes, regulations and/or
agreements and are are not subject to negotiation.
This. decision is made, signed, and entered into the file .this eighteenth day
of January, 1990.
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless- an appeal to the City
Council, in writing, accompanied by an appeal fee, is filed with the City
Clerk within 15 days of the date of the signing of this decision or unless
members of the City Council shall request to review this decision within said
15 days.
DECLARATION OF SERVICE BY `MAILS I do hereby declare under penalty of perjury
that on the date set forth below, I did deposit, in the United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED : -~4 , ` I ~~ ~G~!T7-Ll~-~C/1~• 4~ i%C./ff/Iila'.P~
Pamela H. .Starnes,. Executive Secretary
0415g 2 ZA 90